A single judge of Allahabad High Court held as follows,

From Para 14,

14. In this case, the Investigating Officer, investigated the matter and found that, no case has been made out against the wife/accused-applicant under Sections 504 and 507 I.P.C., and thereafter, he prepared the police report/final report (closure report) on 19.06.2024 under Section 173(2) Cr.P.C. (Corresponding Section 193(3) BNSS) and submitted the report in the court of Magistrate, without a written complaint of offence committed under Section 177 and 182 IPC (Corresponding Section 212 and 217 Bharatiya Nyaya Sanhita, 2023) in respect of furnishing false information, as provided under Section 195(1)(a) Cr.P.C. (Corresponding Section 215(1)(a) Bharatiya Nagarik Suraksha Sanhita, 2023).

From Para 15,

15. Sections 177 and 182 IPC (Corresponding to sections 212 and 217 of B.N.S.) cannot be made redundant, that is to say that, in case any false information is furnished with intent to cause public servant to use his lawful power to injury of another person, the Investigating Officer shall also prepare a police report in form of complaint as provided/required under Section 195(1)(a) Cr.P.C. (corresponding Section 215(1)(a) BNSS). Thus, giving a false information to police to lodge an F.I.R. or N.C.R. attracts offence provided under Section 177 and 182 IPC (corresponding Section 212 and 217 BNS) and if after investigation, the Investigating Officer finds that no such incident occurred as alleged in the F.I.R. or N.C.R., the Investigating Officer is under statutory obligation, not only to submit a final report/closure report but also to submit a report of offence of Section 177 and 182 IPC (corresponding Section 212 and 217 BNS) in form of complaint as provided, under Section 195(1)(a) Cr.P.C. (corresponding Section 215(1)(a) of BNSS) for taking cognizance. Otherwise, the concerned police officers are liable for committing an offence as mentioned under Section 199 (b) BNS (corresponding Section 166A(b) of Cr.P.C.).

From Para 18,

18. The offence is always against the State therefore, if the Investigating Officer is submitting police report/final report(closure report) under section 193(3) BNSS (corresponding Section 173(2) Cr.P.C.), he shall also submit police report in form of written complaint under section 212 and 217 BNS (Corresponding Sections 177 and 182 IPC), against the informant and witnesses. The format of police report, in form of written complaint under section 212 and 217 BNS (Corresponding Sections 177 and 182 IPC) as provided under Section 215(1)(a) BNSS (Corresponding Section 195(1)(a) Cr.P.C.), in case of false information, to police to use his lawful power to injury any person, in Hindi language as well as in English language are delineated below.

From Para 21,

21. In case of false first information report, if a written complaint against the informant and witness under section 215(1)(a) BNSS (corresponding section 195(1) (a) Cr.P.C.) is not filed by the Investigating Officer, under section 212 and 217 BNS (corresponding section 177 and 182 of I.P.C.) for giving false information to the police then it will amount that the Investigating Officer, Station House Officer, Circle Officer of the area and the prosecuting officer concerned are not discharging their official duty and liable to departmental proceedings as well as contempt proceedings.

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